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2013 Supreme(Del) 1405

S.MURALIDHAR
Wealth Estate Pvt. Ltd. – Appellant
Versus
K. Chandra – Respondent


Advocate Appeared:
For the Plaintiff:Jayant K. Mehta with Ms. Roopa Dayal, Advocates.
For the Defendants:Jayant Tripathi with Arjun Mitra, Advocates.

Judgment :

1. Before dealing with the applications, the background events may be noted.

2. The present suit has been filed by Wealth Estate Pvt. Ltd. (‘WEPL’) against K. Chandra (Defendant No. 1) and Madras Finvest Pvt. Ltd. (Defendant No. 2) for recovery of vacant possession of the property at A- 32, Diplomatic Enclave Extension, Cooperative Housing Building Society Limited, Westend Colony, New Delhi (hereafter referred to as ‘the suit property’) from Defendant No. 2.

3. An Agreement to Sell was executed on 10th September 2009 between Defendant No.2 and SICPA India Private Limited (‘SICPA’) whereby Defendant No. 2 agreed to sell to SICPA the suit property for a total consideration of Rs. 55 crores.

4. The recitals in the Agreement to Sell stated that Defendant No. 2 was the sole and absolute owner of the suit property and had mortgaged it in favour of the Bank of India (‘BoI’) on account of certain credit facilities extended to another company, Mascon Global Limited (MGL) and as on 31st July 2009 a sum of Rs.31,08,72,842/- was payable by MGL to BoI. The recitals further stated that an agreement was entered into between the parties thatSICPA would pay off the outstanding amount of






























































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